Sticky situation?

[bantam 0]

Also JERIII has offered you some excellent advice on this situation.

[yogib37 3]

I guess I just want to add a few things. I don't want to give the impression we're looking to scam the system. The purpose of her visit will be for us to really decide if we want to marry. To spend more than just 2 or 3 weeks together. To live together for a few months. But she will not have a job to return to if we decide to not marry. Or if we just got engaged and sent her back to Sweden and filed for a fiance visa. That is why, I guess, if I can do it legally by avoiding a k1, it would make more financial sense to do that, considering her job situation.

So just to reiterate, If she came over here for a visit, like she's done 3 or 4 times before, and I proposed and married her during the time of her visitor visa, then that would be legal? Like I said before we don't know if we will marry or not, but it IS an option that's on the table.

Why dont you just file the K-1 now. When you get that, the both of you will have 90 days to get married. so if you say in 60 days decide to not get married she can go back but if you did decide to get married then you can and she can stay here without going back. She will still work until she gets her visa, I would not risk on that, because you both have 'INTEND' to marry and if you did do it that way and you did get marry, what about the AOS, it will be hard to prove that you did not know each other before. and if they saw you both known each other for 2 years, then they may think they plan this marriage to avoid getting the proper visa.

Just get a K-1 and see if it will work

wish you luck

[Cino 5]

I just gave an example, it does not matter you got married on 1st visit or nth visit.

You can get married anytime you want. The only thing you have to prove that he has known her for a long time.

Not just she flew from Sweden & got married in a month or so, THAT IS NO NO, I know.

That is why I said you have to do foundation first.

[yehaww 0]

First off, I just wanted to thank everyone who took the time to post here.

Secondly, I just want to clarify again. I've know this woman for 2 years. We met in Sweden, not on some online service or something. We have a legitimate "foundation" already. We have 2 years of e-mails, photos, cell phone calls, meeting each other's families and traveling together. I get the impression through some posts that some think we don't really know each other and are hastily trying to get married. This isn't the case. I'm not trying to convince anyone that we met on her next visit and just fell in love and got married. I'm not trying to deceive Immigration and saying that we met, fell in love and married in a 2 month span. What I'm saying is that we just want her to come for an extended visit to see how we get on in a daily living together situation and also for her to see how she likes living in the city I live in. These are important issues that can't be addresses on the 6 or 7 vacationlike visits we've had over the past 2 years. And at the end of it, it's possible that we want to get married. But she by no means is coming here with intent to definitely get married. We haven't decided that yet.

[yehaww 0]

I did seek some legal council. He advised me to go the "marry her on VWP" route and said it would cost about 5 grand.

Oh-oh. $5K for a lawyer? Run, don't walk away .....

(And before I get beaten up for saying 'no lawyers' - I'm not saying that. If you feel you need a lawyer, get one. But any lawyer charging $5K for what should be a routine immigration filing is overcharging).

I know, I won't be using him, but I did get some useful info out of him. I'm sure I can find cheaper council, although cheaper isn't necessarily better. I was going to just try to do it all myself. It's easy enough to find info on the internet and I don't doubt that this site and the people on it will be of great help.

[yehaww 0]

I have struck-through the point which is a big no-no. If the OP and his SO decide to marry it must be done on the first visit. She cannot decide to marry then leave and come back and marry on a second visit. That is what a family-based visa is for.

I'm not sure I follow that logic. I don't see any reason why people would have to get married on a first visit. Marrying after a few visits only proves that you have an actual real relationship.

[yehaww 0]

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

Matter of Cavazos , 17 I. & N. Dec. 215 (BIA, 1980) . In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

Matter of Ibrahim , 18 I. & N. Dec. 55 (BIA, 1981). The benefits of Matter of Cavazos , supra , are limited to immediate relatives, and an application for adjustment by a fifth preference immigrant with a preconceived intention to remain is properly denied in the exercise of discretion.

Ok, I'm no lawyer, but do I understand correctly that The Matter of Cavazos stated that an immigrant can file for AOS, if married to a USC, even if they entered with intent to remain?

AND

that The Matter of Ibrahim reverses that decision? I don't know what a fifth preference immigrant is or what "preconceived intention to remain is properly denied in the exercise of discretion" means.

[Cino 5]

Yehaww, Believe me you are right. That is so ridiculous that Krikit says you can not get married on her nth visit.

"It should be the first visit or never." I have been still laughing over it. I have never heard absurd idea like that.

Here is the scenario for example :

One of her nth visits to US; Let's say you & your Swedish Friend or Girlfriend whoever she is at that time

have decided to go to Las Vegas for a visit & you are sure about your feelings against her &

you have decided to propose her & get married like a drive-through marriage.

So you can not do that. What is the logic behind it?

Believe me you can not show me any law (Including Immigration Laws) states that

you have to get married at the certain time or at the certain place or at her certain visit.

I guess he thinks US is like a Communist Country

My friend, you guys decide what you are going to do when she comes over here.

90 days are hell of lot of days to get to know somebody. GOOD LUCK !....

[yehaww 0]

Yehaww, Believe me you are right. That is so ridiculous that Krikit says you can not get married on her nth visit.

"It should be the first visit or never." I have been still laughing over it. I have never heard absurd idea like that.

Here is the scenario for example :

One of her nth visits to US; Let's say you & your Swedish Friend or Girlfriend whoever she is at that time

have decided to go to Las Vegas for a visit & you are sure about your feelings against her &

you have decided to propose her & get married like a drive-through marriage.

So you can not do that. What is the logic behind it?

Believe me you can not show me any law (Including Immigration Laws) states that

you have to get married at the certain time or at the certain place or at her certain visit.

I guess he thinks US is like a Communist Country

My friend, you guys decide what you are going to do when she comes over here.

90 days are hell of lot of days to get to know somebody. GOOD LUCK !....

Is this what you are doing? I see you are pending AOS. Thanks for the support.

[bantam 0]

If you're looking for examples for encouragement you will not find many of us VWP marriage people on VJ. At the end of the day you should do what you're comfortable doing. If you can't handle the stress of doing AOS through VWP then do not do it. Providing she's able to satisfy the border officer that she has no intent to immigrate (enough cash, not bringing all her belongings, no pets/photo memories etc) it is unlikely that an interviewer will harass you about intent to immigrate, and if they do you can tell the truth and clearly explain that she came over for a visit and you decided to get married after spending some time together. If you need any more reassurance than that then K-1 is for you.

[Krikit 1,163]

I have struck-through the point which is a big no-no. If the OP and his SO decide to marry it must be done on the first visit. She cannot decide to marry then leave and come back and marry on a second visit. That is what a family-based visa is for.

I'm not sure I follow that logic. I don't see any reason why people would have to get married on a first visit. Marrying after a few visits only proves that you have an actual real relationship.

I"m not saying they have to get married on a first visit. They can get married on their first visit or their 654th visit. It doesn't matter. What I am saying is that they cannot plan to marry on one visit, go back home to straighten out their affairs, then re-enter the country with intent to bypass the immigration process. There's not a CBP Officer on the planet who would let someone enter the US under those circumstances.

[rebeccajo 14]

Cavazos was an entrant from a tourist visa. She had the courts as recourse when her application to adjust was denied; Visa Waiver adjustees do not have this remedy.

In addition to waiving the right to adjust from the VWP when signing the I94W, ESTA compliance will require the entrant to sign a second document waiving that right.

[Cino 5]

My question is how CBP Officer will know her intentions are.

Is He/she a mind reader or fortune teller?

FYI, Everything is possible with USCIS & every case is unique.

YOU CAN NOT PUT one particular case in a certain form.

It varies from one case to another & from one IO to another IO.

IMMIGRATION LAWS and/or REGULATIONS ARE VERY FLEXIBLE !....

[Cino 5]

No I haven't got married in Vegas. It was just an example for KRIKIT to understand

Yes my AOS is pending right now.

Please let us know what is going on. Keep in touch.

Btw, I have loved your story.

[john_and_marlene 162]

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

Matter of Cavazos , 17 I. & N. Dec. 215 (BIA, 1980) . In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

Matter of Ibrahim , 18 I. & N. Dec. 55 (BIA, 1981). The benefits of Matter of Cavazos , supra , are limited to immediate relatives, and an application for adjustment by a fifth preference immigrant with a preconceived intention to remain is properly denied in the exercise of discretion.

Ok, I'm no lawyer, but do I understand correctly that The Matter of Cavazos stated that an immigrant can file for AOS, if married to a USC, even if they entered with intent to remain?

AND

that The Matter of Ibrahim reverses that decision? I don't know what a fifth preference immigrant is or what "preconceived intention to remain is properly denied in the exercise of discretion" means.

No, the Matter of Ibrahim did not reverse that decision--It clarified that it included immediate family members of USCs only.